I 

115TH CONGRESS 

2D SESSION H. R. 5940 

To require the Secretary of Defense to submit to Congress a report on 

victims in military criminal investigative organization reports, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2018 

Ms. KUSTER of New Hampshire (for herself, Mrs. LOVE, and Mrs. DINGELL) 

introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL 

To require the Secretary of Defense to submit to Congress 

a report on victims in military criminal investigative organization reports, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Sexual Assault 

5 Transparency and Accountability Act’’. 

6 SEC. 2. REPORT ON VICTIMS IN MCIO REPORTS. 

7 Not later than September 30, 2019, and not less than 

8 once every two years thereafter, the Secretary of Defense, 

9 through the Defense Advisory Committee on InvestigaVerDate Sep 11 2014 00:29 Jun 02, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5940.IH H5940

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1 tions, Prosecutions, and Defense of Sexual Assault in the 

2 Armed Forces, shall submit to Congress a report regard3 ing the frequency at which individuals, who are identified 

4 as victims of sexual offenses in case files of military crimi5 nal investigative organizations (hereinafter in this section 

6 referred to as ‘‘MCIO’’), are accused of or punished for 

7 misconduct or crimes considered collateral to the inves8 tigation of sexual assault during the MCIO investigations 

9 in which the individuals were so identified. 

10 SEC. 3. INCLUSION IN ANNUAL REPORTS ON SEXUAL AS11 SAULT PREVENTION AND RESPONSE EF12 FORTS OF THE ARMED FORCES OF INFORMA13 TION ON COLLATERAL MISCONDUCT IN CON14 NECTION WITH REPORTS OF SEXUAL AS15 SAULT IN THE ARMED FORCES. 

16 Section 1631 of the Ike Skelton National Defense 

17 Authorization Act for Fiscal Year 2011 (Public Law 111– 

18 383; 10 U.S.C. 1561 note) is amended— 

19 (1) in subsection (b), by adding at the end the 

20 following new paragraph: 

21 ‘‘(15) Information on each disciplinary action 

22 related to collateral misconduct in connection with a 

23 report of sexual assault in the Armed Forces made 

24 by or against a member of the Armed Forces as fol25 lows: 


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1 ‘‘(A) A narrative description of each dis2 ciplinary action. 

3 ‘‘(B) The nature of each disciplinary ac4 tion, including whether the member of the 

5 Armed Forces receiving such disciplinary action 

6 alleged professional or social retaliation in con7 nection with such disciplinary action. 

8 ‘‘(C) The sex of the member disciplined. 

9 ‘‘(D) The official or office that initiated 

10 the disciplinary action. 

11 ‘‘(E) The organization that investigated 

12 the conduct that led to the disciplinary action. 

13 ‘‘(F) The official or office that adjudicated 

14 the disciplinary action. 

15 ‘‘(G) The official or office that adminis16 tered the disciplinary action. 

17 ‘‘(H) The status of the investigation into 

18 the related claim of sexual assault at the time 

19 disciplinary action for collateral misconduct was 

20 adjudicated. 

21 ‘‘(I) If the investigation into the sexual as22 sault is complete, a description of the results of 

23 the investigation, including whether the inves24 tigation led to charges under chapter 47 of title 


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1 10, United States Code (the Uniform Code of 

2 Military Justice). 

3 ‘‘(J) If the sexual assault investigation re4 sulted in charges under chapter 47 of title 10, 

5 United States Code, whether those charges were 

6 under Article 120. 

7 ‘‘(K) If the sexual assault investigation re8 sulted in charges under chapter 47 of title 10, 

9 United States Code, the final disposition of 

10 those charges.’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(h) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘collateral misconduct’ means 

15 victim misconduct that might be in time, place, or 

16 circumstance associated with the victim’s sexual as17 sault incident or victim misconduct that was exposed 

18 only as a result of the sexual assault investigation. 

19 ‘‘(2) The term ‘disciplinary action’ means any 

20 adverse action, including administrative action (in21 cluding corrective measures such as counseling, let22 ter of reprimand, negative performance evaluation, 

23 admonition, reprimand, exhortation, disapproval, 

24 criticism, censure, reproach, rebuke, extra military 

25 instruction, or other administrative withholding of 


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1 privileges, or any combination thereof) and criminal 

2 punishment (including non-judicial punishment, 

3 court martial, administrative discharge, or any com4 bination thereof).’’. 

5 SEC. 4. UNIFORM COLLECTION OF DATA ON COLLATERAL 

6 MISCONDUCT IN CONNECTION WITH RE7 PORTS OF SEXUAL ASSAULT IN THE ARMED 

8 FORCES. 

9 (a) IN GENERAL.—Section 563 of the Duncan Hun10 ter National Defense Authorization Act for Fiscal Year 

11 2009 (Public Law 110–417; 122 Stat. 4470) is amend12 ed— 

13 (1) in subsection (a), by striking ‘‘and the out14 come of any legal proceedings in connection with the 

15 assault’’ and inserting ‘‘, the outcome of any legal 

16 proceedings in connection with the assault, and any 

17 disciplinary action for collateral misconduct related 

18 to the assault’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘collateral misconduct’ means 

23 victim misconduct that might be in time, place, or 

24 circumstance associated with the victim’s sexual asVerDate Sep 11 2014 00:29 Jun 02, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5940.IH H5940

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1 sault incident or victim misconduct that was exposed 

2 only as a result of the sexual assault investigation. 

3 ‘‘(2) The term ‘disciplinary action’ means any 

4 adverse action, including administrative action (in5 cluding corrective measures such as counseling, let6 ter of reprimand, negative performance evaluation, 

7 admonition, reprimand, exhortation, disapproval, 

8 criticism, censure, reproach, rebuke, extra military 

9 instruction, or other administrative withholding of 

10 privileges, or any combination thereof) and criminal 

11 punishment (including non-judicial punishment, 

12 court martial, administrative discharge, or any com13 bination thereof).’’. 

14 (b) PLAN FOR IMPLEMENTATION.—Not later than 90 

15 days after the date of enactment of this Act, the Secretary 

16 of Defense shall submit to the congressional defense com17 mittees a plan to provide for the implementation of case18 level tracking of disciplinary actions for collateral mis19 conduct as required by the amendments made by sub20 section (a). 

Æ 


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